Indianapolis Journal, Volume 54, Number 92, Indianapolis, Marion County, 1 April 1904 — Page 6

THE INDIANAPOLIS JOJÜRNAL, FRIDAY, APRIL 1, 1904. -

CRIME HERE OH INCREASE, ACCOMGJO REPORTS Clerk of Criminal Court Completes Figures Showing Progress , of Crime.

PETIT LARCEXV FIRST James Norwood, clerk of the Criminal Court, has Just co:nilctt(J a report showIns the work done by that court in th? year 1k The report ia pr pared for the State liurcau of Statistics .anil revt-uls the fact that mere crime was committed in the year Juat c!osrl than in the preceding year. It Is shown that the crimes committed In petit larceny hold first place, grand larceny second and assault and battery with Intent to kill third. Thirty-nine men were sent to the State prison at Michigan City by Judge Alford. Seventy-three were sent to the Reformatory at Jeffersonvillc. Seventeen women received sentences to the Indiana Women's PrUon. The Marion county workhou.se obtained Xiinety-six tenants from the court, while enly sixteen went to Jail. Fines and imprisonment were Riven seventy-five men and forty-five &x)t tines only. Judge Alford euspended sentence of fifty-three boys. For-ty-eiht cases were dismissed. Higher Courts Kept Busy With Many Decisions Many cases wero disposed of by the Supreme and Appellate Courts yesterday and several petitions for rehearing heard. In the suit of the Consumers' Gas Trust Company vs. the American Plate Class Company, appealed to the Supreme Court from the Mar2Ison Circuit Court, a petition , for a rehearing from the appellants was lenled. Similar action was , taken in the suit of the Li. IZ. &, XV. Itailway Company vs. Trank II. Holland, from the Marion Superior Court. The suit of Wüliam II. Davis vs. Thomas .Affleck, both residents of Marion county, was transferred from the Supreme Court to the Appellate Court. The case of Hilda A. Stout vs. the Wil- - JLim Campbell Company, appealed to the Appellate Court from the Marion Superior Court, was affirmed by Justice Comstock. lJuillrt Oirna Old Deed. William C. Phlpps, bailft of the Superior Court, Itoom 3, has In his possession an administrator's deed that was made out to his grandfather, Michael C. Schnell, of ßececa county, New York, March 23, 1S04. TIIC COURT IlECOHD. SUPERIOR COURT. Room i John L. McMaster, Judge. Israel Myers vs. Florence Adams et I.; cn note. Defendant Adams defaulted. Defendant Sheets files answer. Submitted and evidence heard. Finding and Judgment for plaintiff against defendants for $77.21 and costs. Leonidas Mull vs. Charles Spencer; on note. Submitted. Finding by agreement Xor plaintiff against defendant for J3U and costs. City Bond Company vs. Addle Thomas et aL; improvement lien. Submitted and evidence heard. Finding that there Is due against Lot 9 Tj2.22 and costs and against Lot 10 tZ.Zt and co3ts. Iteom 2 James M. Leathersjudge. Indianapolis National Bank vs. David T. Cooper; note. Dismissed and costs paid. Harriet II. Specs vs. Oliver XV. Voorhles t al.; to quiet title. Dismissed and costs paid. William , E. Henderson vs. A. Blvens; ejectment. On trial by Jury. Room 3 Vinson Carter, Judge. Joseph E- Burton vs. Louis M. Stlgner et rd-iJTiechanic's lien. Plaintiff dismissed cause. Judgment against plaintiff for costs. The Whitland Canning Company vs. Columbia Conserve Company; account. Dismissed and costs paid. Mary C Denny vs. Christina E. Waldrup; damages. Dismissed and costs paid. CIRCUIT COURT. Henry Clay Allen, Judge. Mary E. Perkins vs. Anna E. MfcDougal t al. Submitted to court. Finding for plaintiff. Judgment and decree quieting titl to real estate described. Judgment against plaintiff for costs. Frank A. Rafert vs. Carey J. Ward. Dismissed at plaintiff's cost. William Hoffmeyer vs. Elmor F. HofCmeyer et al. Trial resumed. Leonard Rarick vs. Benjamin J. C. Howe .t al. Jury returns verdict for plaintiff for $173. NEW SUITS FILED. Frank Trotky vs. Thomas L. Carleton and IDewer 15. McDonough; .suit on account. SuJpericr Court. Abigail C. Smith vs. Elvu E. Smith; to iqulet title. Superior Court. City Bond Company vs. Charles P. Benedict et al.; Improvement lien. Superior . Court. City Bond Company vs. Walter J. Hubbard et aL; Improvement lien. Superior t Court. i Flora E. t.Tdth vs. Charles F. Smith; diworce. Superior Court. HIGHER COURTS RECORD. SUPREME COURT. j :0CC1 I S. & M.t etc.. Railroad Company ,va. Grahaon. Lai orte C. C. Reversed. 1 ladley, J. 1. All preemptions Indulged in support of a general verdict and against the special anffWtTs to Interrogatories must be reasonable, und relate only to such facts as might have been proved under the issues &3 formed. L'. An employe in a place of danger Is bound to give attention to his surroundings, and the greater the threatening danger the greater the cure required to avoid injury. 3. A railroad track is of itself a. suggestion of danger, and walking on the ties so near a rail as to be struck by a passing engine, with the knowledge that one U approaching but a short distance away, is a situation requiring great attention and care, and failure to give such attention arte care constitute negligence. tCJ7. National, etc.. Association vs. McBride. Miami C. C. Affirmed. Dowllng, J. 1. This court cannot weigh the proof which supports a Judgment when there is some proof to bae it on. 2. The -extent of an agency and the authority of the agent Is a Question of fact for the jury. LVJS. Northwestern, etc.. Company vs. Kidder. Vigo C. C. Affirmed. Monks, J. A life Insurance company which has adjusted a loss, by taking up the policy and giving the beneficiary a bank check calling for the insurance provided for in the policy, cannot resist payment of the check, merely because some creditors of the deceased claim tli title to toe proceeds of such insurance policy, and as against such-iayee, in the check, the insurance company is estopped from denying that she was the real party In Interest when the check was executed. 2. Interpleader will not lie unless the third party sought to be brought in claims by a derivative title, and such third party is in existence and capable of interpleading. IDTvO. Consumers', etc.. Company vs. Tlate Glass Company. Madison S. C. Petition for rehearing overruled. TA2. P., C. C. & St. L. Railway Company vs. Town of Wolcott. White .C. C. Petition for rehearing overruled. 2)152. I R. & XV. Railroad Company vs. Holland. Marion S. C. Petition for rehearing overruled. l:30. Coffinberry vs. McClellan. Do Kalb C. C. Oral argument April 22. lwl. 2023Ö. Scott vs. Hayes. Howard S. C. Oral argument April 20. l:. ÜJ1S3. Davis vs. A ffieck. Marion C. C. Transferred to Appellate Court. 201 vl. Clow vs. Brown. Montgomery C. C. Transferred to Appellate Court. P.. C, C & St. L. Railway Company vs. Oreb. Lake C. C. Transferred to Appellate Court. UiM. State vs. Peterson. Montgomery C. C Transferred to Appellate Court. Minute.-. 20277. Board of Commissioners of Harrison County vs. Charles A. Bline. Harrison C. C. Appellee's hrU-f (S.) 2Ow. Advisory Board of Washington Township, Newton County, vs. State ex rel. Jame A. Whaley et .al. Appellant's brief (3) Rulings. 202H::. U S. & M. H. Ry. Co. vs. William Graham. Laportc C. C. Reversed. Hadley. J. 2"227. National Masonic Accident Association vs. Cic ro R. McBrlde. Miami C. C. Affirmed. Dowllng, J. 2.'2i. Northwestern Mutual Life Insur-snc-tt Company vs. Kate Kidder. Vigo C. C. Affirmed. Monks, J. 107.'. Consumers' las Trust Company vs. American i'iaie oia company. airidi son C. Petition for rehearing overrule I-. C, C. & St. L. Railway Con

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pany vs. Town of Walcott. White C. C Petition for rehearing overruled 2" 152 L. E & W. Railroad Company et al. vs. F. H. Holland. Marion S. C. Petition for rehearing overruled. 133 K. Elizabeth K. Coffinberry vs.' Elizabeth A. McClellan, executor, et al. De Kalb C. C. Oral argument set for April 22. 3023;. Enos A. Scott et al. vs. William J. Hayes et al. Howard S. C. Oral argument set for April 20. 1S3. William H. Davis vs. Thomas Affleck et al. Marion C. C. Transferred to Appellate Court. 2"1V. James B. Clow ft al. vs. John O. Brown et al. Montgomery C. C. Transferred to Appellate Court. 2iK. P.. C, C. & St. I Railway Company vs. Carl Greb. Lake C C. Transferred to Appellate Court State- of Indiana vs. Clarence K. Peterson. Montgomery C. C. Transferred to Appellate, Court. APPELLATE COURT. VAU Wilkinson vs. Vordermark. Whitley C. C. Dismissed. Black, J. 1. Where a party defendant dies before the finding and judgment of the trial court and the action relates solely to personal property the decedent's personal representative, and not her helrs-at-law, should substituted for her, before judgment. 2. When this court cunnot reverse or affirm the Judgment of the: trial court in whole or In part the appeal will be dismissed. 41 IS. I)gansport etc. Company vs. Ross. Grant C. C. Reversed. Robinson, J. The mere abandonment of an unproductive well by an oil or gas company will not, of Itself, be sufficient to work a forfeiture of the company's lease of the real estate. 4T.S7. Stout vs. Campbell. Marion S. C. Affirmed. Comstock, J. Where the reasons in a motion for a new trial, which was denied, are "that the verdict is not sustained by sufficient evidence, and that it is contrary to law." and the record shows evidence in support of the verdict the judgment thereon will not be disturbed on appeal. 4C37. Park vs. 'park. Morgan C. C. Reversed. Roby. J. 1. No inference is drawn from a special finding. 2. A written acknowledgment relied upon to take a claim upon a promissory note out of the operation of the statute of limitations should be set out in the special (Jnding of. facts. 4yj3. Surreme L. K. of 11. vs. Jons. Knox C. C. Petition for rehearing overruled. 4LG0. Whitcsell vs. Strickler. Hancock C. C. Motions to strike out affidavits and exhibits, ete., overruled. Amended and supplemental motions to prohibit Thomas J. Study from appearing and acting as attorney, etc., overruled. 413. Hitchcock vs. Casper. Noble C. C. Appellant petitions for rehearing. Minutes. 5072. City of Blufftori et al. vs. Charles M. Miller. Wells C. C. Appellants reply brief (8.) 5u79. Charles C. Smith, administrator, vs. Michigan Central Railway Company. Porter S. C. Appellee's brief (8.) Petition for oral argurrent. 5129. Mary K. Oreenwalut vs. L. S. & M. S. Railway Company. Lagrange C. C. Appellant's brief (S 512. State of Indiana vs. Charles Dudley. Wabash C. C. Appellant's brief (S.) Ruling. 47. Hilda A. Stout vs. William Campbell Company. Marion S. C. Affirmed. Comstock, J. New Suit. 5201. Isaac Brooks vs. Jennings County Agricultural Joint Stock Association. Record. Assignment of errors. Notice. Appellants brief (S.)

Supreme Court Reports; Rank of Latest Volume To the Editor of the Indianapolis Journal: There Is a gleam this week of fresh sheep In the thousands of law offices in Indiana as their proprietors -make room in their libraries for another fresh volume of Indiana Supreme Court reports. To the a'verage citizen the words "160 Indiana" or "30 Appellate" are so much legal Yiddish, yet each of these volumes represents a hundred picturesque phases of Intense practical life. To some litigants the word "affirmed" means death on the gallows, to. others years of wear imprisonment, to others the dissolution of the sacred tie of marriage, to still others the loss or salvation of a lifetime of effort in the race for preferment or riches. All phases of life's kaleidoscope are represented in these cold unsympathetic pages. Appeals are the ghosts of lawsuits. Ther are purely intellectual coutests as to whether the courts below did right or wroug. The realities, comic or tragic, are to be found la the hundred courtrooms of tile State where living witnesses and litigauts have it out before more or less Just and able judges and Juries, and where the great art of advocacy with its ups and downs the most fascinating of humau pursuits Is practiced by the most gifted as well as ungifted of our fellow citizens. Nothing develops mental muscle or takes the nonsense out of a mau so thoroughly and rapidly as the practice of law in controverted cases. ' In 100 there were twenty volumes of Indiaua reports, representing the litigation since 1S15, of forty-four years of the State's life. Now we have 200 volumes (iucluding a couple on the stocks and ready for publication), or 15) for the second fortv-four years of the State's history. In 'other words the proportion between the first half of the State's history is les than oue-half a volume per year, and for the last half over four per year. From ISIti to 13, under the old Constitution, we had fifteen judges: from LS53 to to-day, over sixty, or a fresh one for every year and seven to spare. Under the old system Judge Blackford served thirty-six. years, under the new only one judge has served over fifteen years, and of the entire remainder only four for twelve years. In 1st the reports reached their lowest poiut. from the Tenth to the Twentieth Indiana the opinions are away below mediocrity and hardly to be respectfully spoken of. Today, taking, ay, from 100 to It) ludiana, there are no better reports in the United States. The Indiana Supreme Court, notwnnsianning tne constant innux of new men, mostly fresh from the ranks and elected by the people, has never been without one or two very able men. Omitting the living, among the deceased the State is proud to name since lsGO Worden, Mitchell. Houck and Woods. The Supreme Court culminated and was at its best in ISM, when all of Its five Judges were each towers of strength, viz.: Worden,' Houck. Niblack, Elliott and I Woods. It makes but little difference 'what the politics of Its members are. For the last twenty years there has been no superiority in Republicans over Democrats, or vice versa. The day of great judges is past, probably never to return, for the simple reason that there are so many of thorn and the general average is so high. Federal and State there are to-day in the L'nited States over a thousand Judges, of whom 200 are having tluir decisions printed in books. Marshall. Kent, Gibson and Story had 'in their day, comparatively speaking, no competitors. Business in their time was so light that they had ample time to. elaborate their opinions. While the questions to be decided to-day, oying to our rapid growth, are quite us difficult as any that ever came before these great judgts, still, owing to the enormous pressure of business, there is not time for the old-fashioned elaboration and study. It is amazing how local the reputation of our judges has of late years become. There is not a lawyer in Indiana to-day who could give the names of the Supreme Judges of Ohio or Illinois, nor are Indiana Judges better known outside of State lines. And yet all three states have, as a rule, able men upon their benches. In this l&ith Indiana there are three or four ca?es that will find their wa outside of State lines and into the American state case series. The rest of the rmndred rep.erent simply the end of litigations. If there were any other court to go to a percentage of them would be reversed. Indiana lawyers are great kickers. They have great confidence in their own infallibility, and file a very large number of petitions for rehearing. The Northwestern Reporter for March 18, 1J04, gives a list of over fortv sucli Petitions. with granted. This is rather a larger proportion . - i . i. . ... i rr . Kiaiueu mau u?uai. me court takes ample time to consider and seldom "goes back" on its decisions. One case in the writer's experience was so extraordinary that it will bear printing. About tu-entv years ago Judge Houck. in a thoroughly considered and elaborate opinion, after two vrars' stüdv. affirmed a iinlirtrient vnonUnc an annexation to the city of Logansport. a a i . t . ins opinion was priniea in ine law magazines and considered verv naHsf.n-inrv Senator Turpie filed a petition for rehearing. auuge jiouck iook two years more to consider ,nd then reversed himself In every essential particular. The two opinions nre Irrt concilable upon any possible hypothesis. ana iiouck was one or me most stubborn, as well as clear headed of Judges. This shows the uncertainty of the law, and also that as long as there Is life there is hope. And the above list of over forty petitions to rehear proves that the Indiana bar acts liberally upon that maxim. Anil Vet this ltMJth Indien. h:i nn r:iiinn to fear comparison with the last volume" of rejoris imm .Massacnuetf s or New York, or the Supreme Court erf the United States. l. P. BALDWIN. Logansport, Ind., March SI.

The Missing Man

A Thrilling Tale o Mystery, Hypnotic Influence CHAPTER I. A MYSTERIOUS JOURNEY. It is the middle of May. IS?.). Like a living creature the -sentient earth is pulsing with the rush of vitality so long withheld by the reluctant season. The buds are ready to burst, the grass is unsheathed, while white-limbed birches and brownskinned maples are losing their distinctive Aryan and Semitic types under the green robes May is weaving for all. Contradictory elements are abroad this morniug in the weather; at all events here in Grovedale. New Hampshire. There 13 stiff northwest wind, a low-reaching fog with the sun struggling to look through it, and a sky that looks like rain. If the sun comes out it will not be directly, and it is nearly time for the 7 o'clock train whistle. After that a half-hour, and then Mr. Hamilton mu?t go, if he go at all this morning. Meanwhile, his wife is trying to convince him that he would better wait until tomorrow, it looks so much like, rain. A fair, handsome couple, not yet middle-aged, they stiiid at the window of the dining room looking out, rather than at each other. A packed, valise rests on a chair, and the breakfast table is left to the children, a boy and a girl. Mr. Hamilton carries a light overcoat on his arm, his hat and gloves in his hand, and yet his wife declines to see that he is ready to go, but talks idly about the weather. He answers in the same way, though it is evident to both that underneath their words there is deeper meaning, which neither wishes to make apparent. "Must you, when it looks so much like rain?" she asks negligently, retylng the ribbon which confines her morning dress, and picking out the bows before looking up. But he sees that her hands are fluttering, and that there is a nervous gleam in her eyes which she lifts for a moment to his face. "Like rain, Constance I Why, who ever knew it to rain, with the wind ia the northwest?" That is the way It comes lately. It has been remarked, Vane, by a great many people; and if you chould get wet you would get cold, and with your weak lungs" "Pshaw. Constance! my lun-i are as strong as a horse, and so am I." "But your mother died with consumption." "Very true. But it isn't going to rain, mark my words; the sun will be out In less than an hour, and, if it should rain, I am neither Eugar nor salt, to dissolve with the first drop. Oh, you may depend I shall be all right." "But you are not as well as usual. You are more nervous. You talk in youf sleep, and your appetite has failed lately." "The more reason why 1 need a change. The fact is, my business is too much for me this debilitating spring weather. I suspect I am a little bilious,, and since Mr. Henderson and your uncle have chosen to leave the mill business so much to me, that, with my duties at the bank, has worn me down. They will have to take the' reins in my absence, and Tony will do very well at the bank for the two weeks I am away." "Always two weeks," murmured his wife. "Yes; and I am sure It seems like a year," "Then why do you go?" "Because I must. You would not understand. It Is best that I do not explain at present. Theie goes the whistle. What shall I bring you, Clare?" going1 to his little girl's side and stooping to kiss her. A small face, framed in golden hair, with big, dark eyes looking out from under fluffy bangs, was raised to his as she sprang to her feet. "Oh, must you go? I thought mamma would make you stay." "I must, Clare. Now, what shall I bring you?" "Oh. a ring papa a gold ring." "All right. I won't forget. And you, Perley?" "A writing book, if you please. Mine is all written through." "Very well," kissing the boy as he had his sister. "And what shall I bring you, Constance?" he asked, returning to his wife's side. "Just yoursrlf, and let it be soon." looking eagerly aud earnestly Into his face. "I shall be back soon, never fear. Constance, you art more beautiful than you ever were, and i love you better," he whispered. "I wish I were at home again. I will be sodn." And kissing her hastily he took his alise, after putting on his hat, gloves and overcoat, and left the house. His wife stood by the window watching him until he was out of sight, when a thrill of superstitious ft ar shot through her. She had watched him out of sightr Away back iu her childhood a maiden relative had so strongly impressed her mind with the malevolent influences .. of such an act that she could never, despite her common sense, get rid of the belief. It will be well before .stigmatizing her as foolish for the readr to examine his own miiid to see if it be free of some pet super-. stitiou. Perhaps It relates to Friday as tie lug an unlucky day. or to the number thirteen, or to' breaking a looking glass, or to wearing an opal. I think you will find one, though you laugh at all others, und may be at that. Still, you will say to yourself that another day than Friday will do as well, or that an even number, say twelve or fourteen, is at leat as good as thirteen, or that opals are not as handsome as other jewels, or if you by any mischance break a mirror your mind runs shudder! ugly over the state of health pertaining to the various members of your family to wonder which is most likely to die before the year is out. Be this as it may, Constance, though a clear-heuded, sensible woman, was appalled to think she had watched her husband out of sight. But she was cheered the next moment by recollecting her tower. She sped quickly upstairs, then along the corridor and to another flight. This brought her to the foot of the tower, which was built at one side of the house, and ro.e fifteen feet above it. There were windows in it on all sides, and it gave a commanding view of the countrj. romantic and unusual, for the house itself was built on high ground. Scattered about were books, a liute. a guitar, and there was also a small telescope there. Not noticing these objects, however, Constance went straight to the window overlooking the street which led to the station. Far adown there was a spot where her husband would cross the street (unless he had crossed It already) to go to the train Fronting the crossing was a hotel known as the Essex House. She might see him, she thought, at this point. If so, vhc would just take one look to counteract the malignant effect of having watched him out of sight. Her lips curled at her own folly, but her determination never wavered even while she whispered, "What fools we women are!" With expectant eyes and half-parted lips she eagerly watched the turn in the street which he might, or might not. have passed. Ah, there he was. just as he left her, walking briskly. With a sigh of relief Constance was about to turn away when a woman stepped out from the hotel floor, and comiug quickly down the steps, approached her nusband. 'What could she want of him, she a stranger? or was it some one else down the street she was coming to greet? No, it was Mr. Hamilton. Constance was breathless now with Interest and curiosity. The woman was evidently a stranger in Grovedale, youug and pretty, if the distance did not lend undue enchantment, and she greeted her husband as if she knew him well better than 'her husband knew her, for he stepped back a pace or two as though surprised or not well pleased. There appeared to be but a few words between them, aud then the woman with slower step returned to the hotel, and Mr. Hamilton turned the corner, but not until his wife, remembering her object in coming to the ttuver, shrank back until he was out of s'.ght. The fulfillment of her design did not. however, seem to have given Mrs. Hamilton unmitigated satisfaction, for she sank into a seat beside the telescope while her thoughts rtew backward to the beginning of her married life, slowly reviewing the years uutil now years of mystery, every

By MARY R. P. HATCH

Copyright ty Lee & Shepard. Dealing with a Startling Phase of and Double Personality one of them. Its entity Impressed her at this moment as never before. Eight years ago when a girl of twentytwo she married Vane Hamilton. How well she recollected the first time she met hlra! She, the niece of the wealthy mill-owner, Mr. Carter, who had but lately come to Grovedale; he soon to have ah Interest in the same business, though he did not know it then. She remmebered that the young people of the village had planned to climb one of the peaks, the ostensible object being blueberries, but the real one a frolic; and the new-comers were invited. Mr. Hamilton was. undoubtedly, the handsomest man of the party, while Constance Carter was undeniably the prettiest girl. Being both strangers and unacquainted with village matters, they naturally drifted apart from the others, and in the course of the day came to know much more of each other than the rest. Constance learned that he came from Central New York, that he was an only son, and his mother a widow. "I suFpect there was never a more devoted couple than mother and I," he said, laughing, as he snipped the heads of the thistles with his climbing-staff, aud she replied: "I don't wonder at your devotion. I taw .rour mother at church last Sunday. Lhe was in the Ellis pew, was she not?" "Yea" ne sall. hl face lighting up with pleasure, apparently, at her praise of his mother. "Such beautiful milk-white hair, and yet she does not look old." said Constance, recalling to mind the elegant, dark-robed, slender lady who presented so great a contrast to fussy Mrs. Ellis. "Mother is only forty-six. but she has known much sorrow." said her son. aud then they talked of other things. In a year from their first 'meeting they were married, but this was six months after anos mother died, so Constance never suffered jealousy or estrangement as sefmetimes happens on account of a mother-in-law; and she always remembered the sad. gentle woman who might, had she lived, been a real mother to her. Vane's mysterious journeys began the spring after their marriage, and they took place always ia May. How well she recollected her own chagrin at not being iuvlt-d to accompany him; she. almost a bride, to be left while he went alone on his trip! Aorst of all, he never told her where he was going, nor his object in going, and rrom that time until now It had been a mystery. Among the townspeople they were looked upon as business trips to Boston, but she herself knew that he went elsewhere. And he stayed from home two weeks Once he left her quite ill, though out of danger, the physic'.ans assured him. Another time she asked him to take her with him and he refused. Always there was an air of secrecy, j. grave abstraction, an intangible differ nee in his manner, as if called about an irksome business. Meanwhile, Clare and Perley were added to their home, and they had been happy through the eight years of their married life despite the mystery of his vearly trips. Por she trusted him. She was sure that he loved her; but each time as the middle of May approached she grew nervous, and in various indirect ways tried to hinder his going. This year he was manifestly far from well, notwithstanding his declaration that he was as "strong as a horse." He was more nervous and irritable, besides being very absent-minded at times. Then, as she had reminaed him, his sleep was broken by dreams and mutterlngs. Sometimes he seemed to be struggling with heavy loads, of money, or of lumber, and always ready to be overwhelmed. Then again it was with ruffians he seemed to struggle; and last night he whispered a woman's name, "Ix;nora Nora a pretty name!" That was all he said, but it was a strange name to Constance. Perhaps It was the name of some one he used to know. Well, there was one fact manifest, thought Constance, rising. Vane is not well, and he ought not to have gone away. As for that womau, pshaw! Doubtless Vane was pointed out to her by some one at the hotel as a prominent cltlzeu who could tell her anything she might wish to know regarding the place, and so she went out and spoke to him. Her husband answered the question, passed on. and that was all there was of the matter. As for the mysterious trips, she would not think of them. She trusted her husband .thoroughly, had always done so, and should continue to do so. She only wished he had not thought beft to go away when it looked so much like rain. Jut at that moment the sun burst out. The'most uubellevlng could not call the weather in question, but still thV cloud sat on Mrs. Hamilton's brow. "Some women," she whispered, for she was quite alone, "would suspect their husbands of wrongdoing, to go away as Vane does every year so mysteriously;' and then she went slowly downstairs to her own room, pausing on a stair to listen to the chilren's voices In the dining room. "I have them at all events," she thought. Golner straight to her mirror shn long at her own reilection, noting the clear. coioriess complexion, ine aark, luminous eyes, the rich brown nalr with its gleams of gold, the tall, graceful figure, and the intangible charm which blent them all together into a charming personality, her own. She loved her husband deeply, and was not insensible to the compliment he paid her when fioing a-vay. Why did he go. if he .did not wish to? Surely business did not demand his absence., lie had no relatives. He did not t;o for his health; besides, his trips were yearly. A wave of color sped over her face and she clutched her hands nervously. Just then the children came rushing in, and Ferley said, clasping her hand, "I nm glad you are pretty, mamma. I should hate to have a homely one, shouldn't you, Clare?" "I should get used to it in time. I presume." said the precrse little maiden. Mrs. Hamilton took them both in her arms ami hugged them tightly for a moment. Then she made them tidy for school, but instead of letting them go off alone, she put on a street dress and iveut with them. "I will go with you a little way," she said. "O mamma, will you? how far?" asked Perley. "Perhaps as far ns the Essex House. I want to see Mrs. Fry. She Is at work in the laundry this week. I hear. I must see her in regard to our washing." But most of all she wished to learn something about the woman who had spoken to her husband. How she wished she iiad looked at her through the field-glass she had in the tower! But it had not occurred to her at the time. As it was. -.he had only a rather vague idea that the woman was young aud ir-tty, and the uncomfortable conviction of Jealousy on her own part, which she must try to rid herself of speedily. What better way than to learn something about the woman, and her object in speaking to her husband? She would not ask foolish questions, but if the desired iuioirr.ation came to her, well and good. Ta I'.e Continued To-morrow. SHEA DEXfES THAT HE HAS BE EX INDICTED President of Teamsters' Union Declares that Enemies Originated Reports. Cornelius P. Shea, president of the United Brotherhood of Teamsters, returned yesterday .from St. Louis, ' the scene of the reported Indictment of a numler cf the leaders of the teamsters organization, among which Mr. Shea was cited. He said that the report was a mistake, as he had been In St. Louis for several days and had not been arrested or even molested by the authorities. He said he believed the report was circulated by the Citizens' Industrial Alllance BOILERS CONDEMNED; CLERK AN INSPECTOR The boilers at the Brightwood water works have, been pronounced worthless by an expert inspector. At a conference between the mayor and Colonel Downing, president of the Board of Works, yesterday, it was decided that John Galvln, Barrett law clerk in the city controller's office, but formerly an experienced boilermaker, should accompany the expert on another inspection. HuiliTiiy Service Still Crippled. The Indianapolij & Vincennes Railroad was ablo to cover but half its route yesterday. The Monon line to the north ia still running trains on the Big Four trucks part of the way to Chicago.

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ANAPOl

SeventyFive Miles Both Ways on Interurban Lines Forty Miles Both Ways on Steam Roads THOUSANDS OF THE BEST PEOPLE OF INDIANA ARE TAKING ADVANTAGE OF THIS OFFER. Why Not. Do Your Shopping at Indianapolis Where you will find the largest assortment of the rarest and most beautiful selection of staple merchandise In the various lines indicated below. Make up your list of things needed and come now. gC7"Ask for a REBATE BOOK, only at the Stores of the Members.

Lm Sm Ayros & Co, Dry Goods, Cloaks, Millinery, Shoes. Rugs, Draperies. Eatlgcr FurnKuro o Furniture, Rugs and Draperies. Dm H. Baldwin & Co., Manufacturers and Retail Dealers of IManos and Organs. Boston. & Langen, Ladies' Suits, Wraps and Furs. BUSS, SVDM & CO. (The Progress) Clothing and Men's Furnishings. Wnu H. Block Co,, Dry Goods, Cloaks, Etc. The Bobbs-rlorHII Co,, Books and Stationery. Feoney Furniture and Si ovo Company, Furniture and Carpets. Albert Gall, Carpets and Upholstery. Charles Lm Harimann, Furniture, Carpets and Stoves. Please readESF

The Merchants' Association of Indianapolis will refund the ROUND TRIP FARE to persons living within a radius of forty miles from Indianapolis upon the purchase of $25.00 of merchandise from one member of the Association or from1 all combined, and ONE PER CENT. ADDITIONAL CASH REBATE will be allowed on all purchases In excess of twenty-five dollars ($23.00.) PERSONS LIVING AT A GREATER DISTANCE than forty miles may have their fares rebated. To Illustrate: If you live sixty miles away the Association refunds you forty miles of It both ways, leaving the cost or only twenty miles to you. Interurban passengers are given entire fare for seventyfive miles both ways, but should ask conductor for ticket or cash receipt, which must be shown at stores where purchases

are made

For further informUIon address J. T. SAULTER, Manager, 16 E. Washington St (over

The Indianapplis Fire InsCo.

Capital paid up in cash, $200,000.00 Assets January 1, 1904, $482,557.6(j Surplus over capital and all. other liabilities January 1. 1904 . . . $104,784.32 NO LOSSES INCURRED BY BALTIMORE CONFLAGRATION John H.Hallday, Pmiitnt M. C Martin, Sec'y Your paper is not delivered to you regularly and early enough in th morning, be so kind as to nstif us, that wo may remedy the fault. It should miss delivery, a telephone message will bring you a copy by messenger within half an hour. Doth Phones Ask For The Journal 25 XV. WuHlilngton St., Opposite Ticrwu. RELIABLE GAS AND GASOLINE STOVES AND RANGES Vapor Stoves, from $9.03 up Little Jr. Gasoline Stoves, from 2.50 up VONNEGUT HARDWARE CO Both Phones, S9 12) to 124 P. Wash. St. WHY NOT BUY YOUR Furniture, Carpets and Stoves At WIIUG'S 141 West Washington Street. And 4 cx v o l SAWS AXD MILL SlTrLIES, for ATKINS SAWS FINEST ON EARTH Band, Crosscut, Batcher. Kirchea 1 Mill Siwi OLD EVCrtYWIIEXlB 8 CA LS, STENCILS AXD STAMPS. ßV.) T ft uöföR? SEALS Wygü STENCIliSTAMPS. C'TALOCUIFREZ DAD GES.Cft ECO AC

If

Convention, Indianapolis, March 31 -April 2

S AND MET

EVERY BAY TME

Is Ice Bros,, Furniture and Upholstery. Paul H, Uraussf Shirtmaker. Men's Outfitter, Hats. Kahn Tailoring Co,, Tailors. George J, Marott, Shoes. Charles Mayer & Co,, "THE GIFT STORES Silverware and China. IY H, Messenger, Furniture and Carpets. L, E, Morrison & Co,, Trunks, Traveling Bags and Rubber Goods. The flew York Store, Dry Goods, Cloaks, Shoes, Carpets, Furniture. People's Outfitting Co,, Furniture and Honsefurnishings. Rink's Cloak House, Suits, Cloaks, Furs. The SUNDAY EASTER Tho cold black and whito half

conception cf tho beauty of the original In colors.

' - ' ' . t , - ' : -. 0 : ... : : : y . jrt V 0 .. . . ' iitJ r ' p - t i W. "" ..... 1 :v V . yi ::,: " v-. y a . .. r , . ... J . . . - j : ÄM'W.; : V' r .' :." . A i:AvA ' -i'V .: v -J r ' '. ' ' v jiv tv. r;jiw.:xMf- i .. .y.-.... ...... , ra -lttm ml, .ili . r"i

"An uster A Beautiful Picture

This particular picture is presented with the Hea that thsre is a certain element of Interest in the portray il of red people, that iz not brought out oy eithe d'awto or pilntlnji, h-nce the stud depicted above has a living Interest that is impossible In the most famous paintings. A Tonnessen photograph of a beautiful wormi and a child first gave the artht the basis conception of this ne; Ilea. To the graceful lines and features of the photograph were added the de leite tints, clever fancies an i transforming tou:hei thit mid. of the-resultant picture a thin? of artistic oeiuty and excellence. Quite aside from its original value as a portrait. "An Easter Offering" Is an examole of the h!gh;st cla.s work of this kind and represents the advance which has recently bsea made in chromatography or ccbr printing. Go to Your News Dealer he has a copy, exactly like the one the Sunday Journil will give you, A sample has been sent him to display la his store. Tell him to reserve for you NEXT SUNDAY'S JOURNAL

The Sunday Journal, by

WW I

VW JLLV1X YEAR Fm H, Rupert, Furniture and Stoves. Saks & Co,, (The Model) Men's and Boys' Outfitters. The Sander & Rocker Furniture Co,, Furniture. The Star Store, , Dry Goods, Carpets, Cloaks, Shoi. Clothing. L, S.'rauss & Co, Th eu) Clothing and Men's Furnishings. Taylor Carpet Co,, Carpets and Upholstery. Vonncgut Hardware Co,, (Retail Dept.) Fine Cutlery and Plated Ware. Julius C, Valk & Son, Diamonds, Jewelry aud Silverware. Hm Pm Wasson & Co,, Dry Good. Cloaks, MUMnery, Carpets, Furniture. When Clothing Store, Clothing and Men's FurnUhings,

ASK FOR A MERCHANTS' ASSOCIATION REBATE BOOK in the first store you enter of those named above as members; Insist on having each purchase entered In th rebate hook in fvery mrmhor's More you trad, and when through buying present book at 16 East Washington Street. ove"r Columbia National Bank, any time between S a. m. and 6 p. m., and get your rebate. .It is all very simple no extra trouble. Application for rebate book must be made at the time purchase Is made. EVERY LINE OF MERCHANDISE IS REPRESENTED. The Merchants' Association of Indianapolis includes the representative retail stores of the city, und covers practically every line of merchandise nedcd for personal or home use. You may spend $3.00 at one store, $10.00 at another, $S.OO at another and $4.00 in miscellaneous purchases there Is $25.00 expended, for which your round trip fare will be refunded. THE MERCHANTS' ASSOCIATION GUARANTEES to each customer the fulfillment of the above proposition.

Columbia National Bank), Indianapolis JOURNAL'S PICTURE - tona below gives one but a faint Offering" A Study from Life Mail $2.50 Per Annum